Benefits and shared care

starry93

Hi,

I recently split up with my son's father and was awarded shared care for our son 50/50 split.

My ex has always claimed Child Benefit for our son and I was advised to make a claim myself but it was refused.

Because I only work 24 hours a week I was getting tax credits, but this has now been awarded to my ex partner.

I buy all of our son's clothes, shoes, school uniform, clubs, but it has still been refused.

I have tried to mediate with my ex as this is what Tax Credits advised, but he is refusing too communicate.

I would actually be entitled to a lot more money than him and would agree to share any entitlement.

I am really worried and don't know how I will be able to manage as I have a mortgage so can't even make a claim for housing benefit.

All advice would be gratefully.

nannytone_2

who's address is the childs main residence held by the school/dpctor/dentist etc?

if the father is refusing to share the benefits there is nothing you can do unless you can prove that you are the main care giver and if care is shared equally then you cant prove it

starry93

Hi,

School and doctor's are both registered at my address.

Dogger69

If you can up your hours to thirty you would be eligible for WTC in your own right.

Given the ex's refusal to discuss, I would suggest you consult a solicitor to formalise financial arrangements.

Dunroamin

Probably best if you stop paying for all the clothes etc as your husband is receiving the money for this.

Mojisola

starry93 wrote: »

I recently split up with my son's father and was awarded shared care for our son 50/50 split.

My ex has always claimed Child Benefit for our son and I was advised to make a claim myself but it was refused.

Even if a child's time is literally split 50/50 between the parents, only one can claim Child Benefit and whoever gets the CB gets all the other related benefits.

If your ex is the main carer and is receiving the CB, you shouldn't be paying for all the things you describe - that's the job of the main carer.

princessdon

It's down to you two to work out, no one else can help. You can apply for them to look at your claim but it's a 50/50 based on what you said.

nannytone_2

the fact that the child is registered with school etc at your address, would go some way to indicate that you are tha main carer.
it isnt always the parent receiving child benefit that is awarded the tax credits.

if the father refuses to give up child benefit, you could make a claim yourself, supplying evidence from the school, doctors etc that they view you as the childs main carer

starry93

Hi,

My ex isn't the main carer, the court order says that it is a shared residency order favouring both parents.

I won't see my son go without and my ex knows that I will give him whatever I can.

Does anybody know if it worth appealing?

princessdon

starry93 wrote: »

Hi,

My ex isn't the main carer, the court order says that it is a shared residency order favouring both parents.

I won't see my son go without and my ex knows that I will give him whatever I can.

Does anybody know if it worth appealing?

For benefits shared care doesn't exist. Cam you not mutually agree. Is he paying rent with you in the home, does he pay mortgage etc. is there leverage for an agreement.

starry93

My ex bought me out of the family home and I have purchased my own house.

I was suffering from domestic abuse and was advised by the police and domestic abuse co-ordinator to leave.

The police domestic abuse unit are supporting me as they think that I am still at risk. They were thinking of serving him a harassment order.

I have been told that this is all part of the abuse and that he is trying to control me financially.

There is no way that he will come to any type of agreement with me as I just wants to make my life as difficult as he can.